JUDGMENT :

Pushpendra Singh Bhati, J.

1. This criminal appeal under Section 378 Cr.P.C. has been preferred by the appellant-State against the judgment dated 14.02.1991 passed by the learned Additional Sessions Judge, Bhilwara, Rajasthan in Sessions Case No. 55/1990 (State of Rajasthan vs. Dhool Singh & Ors.), whereby the accused-respondents were acquitted of the offences under Section 302/34 IPC.

2. The matter pertains to an incident which occurred in the year 1990 and the present appeal has been pending since the year 1992.

3. At the outset, learned Public Prosecutor informs that accused-respondent no.1-Dhool Singh (Dhul Singh as mentioned in the death certificate dated 09.09.2022) has already expired on 20.07.2005, thus, now the present appeal survives only against accused-respondents no.2 & 3, and the arguments were heard only to the extent of the said surviving accused-respondents, and the adjudication in the instant appeal is being made accordingly.

4. Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that a new born baby girl was delivered by the accused-respondent no.3 (3 months after marriage) on 06.